Agenda and draft minutes

Planning Committee - Thursday, 28 January 2021 10.00 a.m.

Contact: Committee Services 

Link: View the live stream of the meeting here

Items
No. Item

P/76

Chairman's Announcement

Minutes:

Following confirmation that the live stream of the meeting had commenced, the Chairman welcomed everyone to the virtual meeting of South Lakeland District Council’s Planning Committee, in doing so, thanking all officers involved in the process for their work on the project.

 

The Chairman referred to the new Government legislation allowing councils to conduct remote meetings and explained in detail to all taking part, and for the benefit of members of the public, the procedures for the meeting.  He then invited Members of the Planning Committee to introduce themselves, to advise whether they were taking part by video or audio and to confirm that they were able to see (where practicable) and hear all Members participating in the meeting.  All Members present, including the Chairman himself, having indicated that this was the case, he referred to officers present at the meeting who would introduce themselves when asked to address the meeting.

P/77

Minutes pdf icon PDF 355 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 26 November 2020.

Minutes:

The Chairman informed Members that despite his attendance at the meeting held on the 26 November 2020, Councillor Dixon had not been listed as present at the meeting.

 

RESOLVED – That:-

 

(1)  The minutes of the meeting of the Committee held on 26 November 2020 be updated to reflect Councillor Dixon’s attendance at the meeting; and

 

(2)  The Chairman be authorised to sign, as a correct record, the updated minutes of the meeting of the Committee held on 26 November 2020.

P/78

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That the following declaration of interest be noted:-

 

(1)  Councillor Gill Gardner declared an interest in agenda item 9, Planning Application No. SL/2020/0364 Cark Manor, Cark-in- Cartmel, Grange-Over-Sands, by virtue to the fact that she felt predetermined on the application.

P/79

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

 RESOLVED – That it be noted that there are no excluded items on the Agenda.

P/80

Public Participation

Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 0:01am (one minute past midnight) two working days before the meeting.  Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Committee Services Team on 01539 733333.

 

(1)        Planning Applications

 

            Planning applications for which requests to speak have been made.

 

(2)        Agenda Items

 

            Agenda items for which requests to speak have been made.

Minutes:

RESOLVED – That it be noted that applications to speak under the Council’s Public Participation scheme have been received in respect of the following items:-

 

Minute No. P/81 (Planning Application No. SL/2020/0579);

 

Minute No. P/82 (Planning Application No. SL/2019/0602); and

 

Minute No. P/84 (Planning Application No. SL/2020/0364)

P/81

Planning Application No. SL/2020/0579 - Helsington Prizet Filling Station, Helsington, Kendal pdf icon PDF 774 KB

To consider an application for the extension of Prizet Service Station to include drive-thru Costa restaurant, 8 high-speed electrical vehicle charging points, car parking, landscaping and associated infrastructure (resubmission of Planning Application No. SL/2020/0195).

Additional documents:

Minutes:

Extension of Prizet Service Station to include drive-thru Costa restaurant, 8 no. high-speed electrical vehicle charging points, car parking, landscaping and associated infrastructure (Resubmission of SL/2020/0195)

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

The Planning Officer presented Planning Application No. SL/2020/0579 which sought full planning permission for the erection of a drive-thru coffee shop with the provision of a car park comprising 31 spaces and eight electric charging points. He highlighted the site at Prizet Roadside Services, Helsington which was located 1 mile south of Kendal on the northbound side section of the A591. Referring to site plans and photographs, the Planning Officer illustrated the features of the site and the proposals for the single storey structure that would have a mono-pitched roof and would utilise local limestone for the walls. He reminded Members of a previous application that had been refused at the July 2020 Planning Committee but that this application, was completely separate. It was highlighted that the site was fairly remote from Kendal and that a sequential test had not been provided by the Applicant.

The Planning Officer highlighted that the proposal would help perpetuate car based travel and that the proposal raised a number of issues with Local Plan Policies and paragraph 86 of the National Planning Policy Framework which required a sequential test to be carried out in respect of main town centre use proposals, which had not been provided by the applicant. The proposal was contrary to the development strategy set out in the Local Plan as it was located in an open countryside location. An objection had been received from the Friends of the Lake District, who felt that the Drive-Thru coffee shop was not necessary and that the 8 charging points could be provided without the need for the coffee shop.

The Planning Officer referred to the benefits of the application which were 15 jobs that would be provided by the coffee shop and 8 electric charging points that were proposed for the site. In concluding his report, the Planning Officer highlighted the recommendation for refusal as the proposed site was located in an unsustainable location in a rural area and was harmful to the rural character of the area.

Note – at this point in the proceedings the Chairman requested that the public participant, speaking in support of the application, be dialled into the meeting to make his representation.

Simon Hockings, the applicant addressed the Planning Committee in favour of the application.

The Planning Officer responded to concerns raised during public participation.

Members thanked the Planning Officer for a well written report and gave consideration to the application. Members raised questions on the seating options in the proposed coffee shop, why the applicant had not completed the sequential testing, how the application had been called in and the difference between classification between drive-thru and full café/restaurant.

Members debated the application raising  ...  view the full minutes text for item P/81

P/82

Planning Application No. SL/2019/0602 - Land North of Laurel Gardens, Kendal pdf icon PDF 964 KB

To consider an application for the erection of 157 dwellings with associated landscaping and infrastructure.

Additional documents:

Minutes:

Residential development with associated landscaping and infrastructure

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

The Planning Officer presented Planning Application No. SL/2019/0602, which sought permission for full planning permission for 157 dwellings and referred to site plans to highlight the site location. He highlighted the proposal for 157 dwellings on the allocated site, the access route on to the south-eastern boundary via a roundabout on Burneside Road, attenuation ponds and open spaces around the site. He informed Members that the proposed site was to be less dense than originally envisaged and added that the percentage of affordable homes was proposed to be 20.83% and was subject to a financial viability study.

The Planning Officer informed Members that careful consideration had been given to the distances between houses which was proposed to be over 30 metres and considered to give reasonable separation between properties. He noted that the closest property was within 12 metres but that this still met the legal requirement of 10 metres. He added that although the northern footpath would remain unchanged, the public right of way was proposed to be changed to provide a triangular walk around the site.

Referring to objections made, the Planning Officer raised the issue of flooding and informed Members that the majority of the site was located in flood zone 1 but the access route was in flood zone 2. He highlighted the proposed replacement culvert was to be part funded by the developer and Cumbria County Council, and secured through a Section 106 agreement that would significantly reduce the flood risk, resulting in the affected area being removed from the flood zone 2 designation.

The Planning Officer informed Members of minor tree felling that was to be compensated by the planting of over 300 trees. He highlighted the use of bat boxes, swift bricks and hedgehog highways as other measures which had been added as conditions to the application. The Planning Officer moved on to describe a number of other proposed features of the site, which included an upgrade to the current play park, passive solar gain and increased insulation on the houses and 10% of the proposed dwellings would include provision of electric vehicle charging points.

Note – at this point Members were informed, that Doug Coyle (Cumbria County Council) was in attendance at meeting in order to answer any questions.

Doug Coyle emphasised the importance of the collaboration between the developer and Cumbria County Council on the proposed replacement culvert and reminded Members of the importance of this feature that would assist in the prevention of flooding and the provision of housing.

Note – at this point in the proceedings the Chairman requested that the first public participant, be dialled into the meeting to make their representations.

Ros Taylor addressed the Planning Committee in support of the application.

 

 

Note – at this point in the proceedings the  ...  view the full minutes text for item P/82

P/83

Planning Application No. SL/2020/0943 - 9 Castle Dale, Kendal pdf icon PDF 484 KB

To consider an application for a single storey rear extension with an attached garage at No. 9 Castle Dale, Kendal (Revised scheme SL/2019/0603 – part retrospective).

Additional documents:

Minutes:

Note – Councillor Jenkinson left the meeting at this stage in the proceedings (12.08 p.m.)

Note – The Committee voted to adjourn for a break at 12.08 p.m. and reconvened at 12.20 p.m. when a roll call was taken, all Members confirming that they were present, that they were able to see (where practicable) and hear all Members participating in the meeting.

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

Single storey rear extension with garage attached (Revised scheme SL/2019/0603 – Part Retrospective)

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

The Planning Officer presented Planning Application No.SL/2020/0943 which sought permission to erect a single storey rear extension with an attached garage at No. 9 Castle Dale, Kendal. She displayed a site plan and photographs to highlight the site and reminded Members that they had previously considered and approved an application on this site for a similar proposal but that the applicant, who was an employee of South Lakeland District Council, had run into issues relating to drainage which altered the applicant’s plans. Referring to the updated plans, the Planning Officer highlighted that when building the previously approved development began, the applicant had found that it was necessary to amend the design due to the presence of a drainage pipe. This involved extending the proposal by a further 0.6 metres from the rear elevation of the host dwelling from the approved 4 metres to 4.6 metres. She informed Members that even though the garage remains the same length as originally approved it is now positioned 0.7 metres further south than the garage, as approved under SL/2019/0603 and also advised that a window had been added to the rear elevation of the garage but that the rest of the development remained as previously approved.

The Planning Officer referred to photographs of the location and informed Members that it was considered that the proposals would cause no significant harm to the neighbouring properties and that an outbuilding belonging to a neighbour helped to reduce the impact on neighbouring amenity.

The Planning Officer responded to questions raised by Members.

Members thanked the Planning Officer for a well written report and gave consideration to the application.

A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was

RESOLVED – That the application be approved, subject to the following conditions:-

Condition (1) The development hereby permitted shall begin not later than three years from the date of this decision.

Reason  (2)  To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51  ...  view the full minutes text for item P/83

P/84

Planning Application No. SL/2020/0364 - Cark Manor, Cark-in-Cartmel, Grange-over-Sands pdf icon PDF 595 KB

To consider an application for change of used from residential dwelling (Use Class C3) to a mixed use of residential dwelling (Use Class C3) and holiday let (Sui Generis) and the formation of hard standing for car parking (part retrospective).

Additional documents:

Minutes:

Change of use from residential dwelling (Use Class C3) to a mixed use of residential dwelling (Use Class C3) and holiday let (Sui Generis) and the formation of hard standing for car parking (part retrospective).

Note – Councillor Gill Gardner declared an interest in this item by virtue of the fact that she felt predetermined on the application. Councillor Gardner was disconnected from the meeting for this item.

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

Before presenting his report, the Planning Officer read out representations objecting to the application from Laura Stewart and Fay McClure, who had both registered to address the Planning Committee under the Council’s public participation scheme but were ultimately unavailable to speak on the day.

The Planning Officer responded to concerns raised during public participation.

The Planning Officer presented Planning Application No. SL/2020/0364, which sought permission for the change of use of Cark Manor from a residential dwelling to a mixed use residential dwelling and holiday let, including the construction of a parking area (retrospective) and access track to existing access to the south. He informed Members that the application had been called in by a Member and added that the building was Grade II listed.

The Planning Officer referred to a site plan and photographs to illustrate the location of the site and highlighted the closest dwellings as Dobbie Bank which were situated 75 metres away from the building. He informed Members that the entrance to the site was on Station Road and pointed out the proposed areas for parking, the one way access track and the exit, which was on Sunny Bank. Further photographs highlighted the beech hedge along the boundary, the wall between Cark Manor and Dobbie Bank and stated that the site was well screened with the recently planted hedges improving the screening in the future. The Planning Officer informed Members that he felt that the visibility for the entrance was poor but the exit was slightly better.

The Planning Officer informed Members that in principle, the location was highly sustainable, with good access via both public transport and road, and that as proposed tourist accommodation it would be a suitable location. He added that rubber mesh had been used on the car park to limit the impact on the site and that further planting of vegetation would reduce the formality of the hedges.

The Planning Officer raised the point of the intensification of the site, but added that this was only slight and that no objections had been made from the Highways Authority at Cumbria County Council. He informed Members that the impact on local amenity would be mitigated by the fact that the building was set in extensive grounds which would reduce noise and the substantial wall between the car park and Dobbie Bank would further reduce this.

In concluding his report, the Planning Officer referred to a  ...  view the full minutes text for item P/84

P/85

Planning Application No. SL/2020/0497 - Market Cross, Market Place, Kirkby Lonsdale pdf icon PDF 561 KB

To consider an application to remove the existing roof covering and replace with new liquid applied roof covering, repairs of damaged masonry, new proprietary outlet and repair of stone flag paving.

Additional documents:

Minutes:

Removing the existing roof covering and replace with new liquid applied roof covering, repairs of damaged masonry, new proprietary outlet and repair of stone flag paving

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

The Planning Officer presented Planning Application No. SL/2020/0497, which sought full listed planning permission to remove the existing roof covering and replace it with a new liquid applied roof covering, repair damaged masonry, new proprietary outlet and repair the existing stone flag paving. He informed Members that the Council was the applicant and referred to a site plan to indicate the location in Kirkby Lonsdale.

The Planning Officer referred to photographs to highlight the areas of the structure that would be repaired and informed Members that the current material on the roof had failed and could potentially damage the stonework and masonry. He added that the modern liquid roof covering cannot be seen from street level and that lead capping would be used. He added that the roof covering would also provide structural integrity to maintain the listed building and that repairs would be mainly to the existing flagging.

In concluding his report, the Planning Officer highlighted that the Conservation Officer was happy with the application and that the plans had been conditioned to ensure they are done in an appropriate manner.

Members thanked the Planning Officer for a well written report and gave consideration to the application. During discussion on the item, Members raised questions on the consideration of using slate on the roof.

A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation, and discussion on the item and it was

RESOLVED – That the application be approved, subject to the following conditions:-

Condition (1)  The development hereby permitted shall begin no later than three years from the date of this decision.

Reason:         To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Condition (2)  The development hereby permitted shall be carried out in accordance with the following approved plans:

  • Block and Site Location plan, date received 14/07/2020
  • Proposed Plans and Elevations (518-01A), date received 21/12/2020
  • Proposed Plan and Section (518-02A), date received 21/12/2020
  • Upstand Details (518-03B), date received 21/12/2020

Reason:         For the avoidance of doubt and in the interests of proper planning.

P/86

Planning Application No. SL/2020/0498 - Market Cross, Market Place, Kirkby Lonsdale pdf icon PDF 550 KB

To consider an application seeking listed building consent to remove the existing roof covering and replace with new liquid applied roof covering, repairs of damaged masonry, new proprietary outlet and repair stone flag paving.

Additional documents:

Minutes:

Removing the existing roof covering and replace with new liquid applied roof covering, repairs of damaged masonry, new proprietary outlet and repair of stone flag paving

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

The Planning Officer presented Planning Application No. SL/2020/0498, which sought  listed building consent to remove the existing roof covering and replace it with a new liquid applied roof covering, repair damaged masonry, new proprietary outlet and repair the existing stone flag paving.

Note – As Planning Application No. SL/2020/0498 was identical to the previous item, Planning Application No. SL/2020/0497, the committee agreed to use the Planning Officer’s presentation from the previous item.

Members thanked the Planning Officer for a well written report and gave consideration to the application.

A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation, and discussion on the item and it was

RESOLVED – That the application be approved, subject to the following conditions:-

Condition (1)  The development hereby permitted shall begin no later than three years from the date of this decision.

Reason:         To comply with the requirements of. Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Condition (2)  The development hereby permitted shall be carried out in accordance with the following approved plans:

  • Block and Site Location plan, date received 14/07/2020
  • Proposed Plans and Elevations (518-01A), date received 21/12/2020
  • Proposed Plan and Section (518-02A), date received 21/12/2020
  • Upstand Details (518-03B), date received 21/12/2020

Reason:         For the avoidance of doubt and in the interests of proper planning.

P/87

A Report on Monthly Enforcement Activity pdf icon PDF 315 KB

To consider an update on planning enforcement activity between 1 November 2020 and 31 December 2020.

Minutes:

The Planning Enforcement Officer introduced the Monthly Enforcement Report which outlined the enforcement activity and fees generated from 1 November to 31 December 2020.

The Enforcement Officer responded to questions raised by Members and undertook to provide a response outside of the meeting regarding 20180, Hartlands, Fernhill Road, Grange-Over-Sands. Members thanked the Enforcement Officer for his continued hard work in difficult circumstances.

RESOLVED - That the contents of Appendices 1 to 4 to the report be noted.